As a patient in the Danish healthcare system, you have certain rights. This applies both before treatment, for example in relation to waiting time and the possibility of free choice of hospital, and after treatment if an error has occurred during treatment or you wish to complain.
The Health Act's rules on patients' legal status apply in all cases where a patient comes into contact with the healthcare system. All authorized persons engaged in healthcare tasks are covered by the law.
One of the goals of the law is to ensure respect for the patient's dignity, integrity and right to self-determination. It also aims to strengthen trust and confidentiality between patient and therapist.
Complaints and compensation
Right to information
A good treatment process is based on mutual trust. As a patient, you have the right to receive information about your health condition and treatment options if you are at least 15 years old.
If a patient is under 15 years of age, the person(s) with parental authority must be informed. The child can be involved to the extent that they are able to understand the treatment situation.
As a patient, you also have the right to refuse information about your health condition and treatment options, including the risk of complications and side effects.
If you do not wish to know the result of an examination/treatment, this must be respected.
You can read more at retsinformation.dk
Self-determination and consent to treatment
As a patient, you decide whether an offered examination or treatment should begin. Your consent must be given based on the information you have been given. You can always withdraw your consent.
In most situations, it will be assumed that you are consenting to treatment if you do not withdraw your consent. In a longer course of treatment, you can withdraw at any time.
Access to documents
As a patient, you have the right to access your medical records. This means that you have the right to see the record and, if necessary, get a copy of it.
Your medical record contains all important information about the reason for contact, diagnosis, course of illness, medication prescriptions and examination results/operations. Information about and consent to treatment must also be included in the medical record.
The right to view your medical record only applies if it was written after January 1, 1994. However, you can view hospital records for records written after January 1, 1987.
If you want access to your medical records, you must request it from the relevant department or healthcare professional. It is the authority, institution or healthcare professional who has the medical record who decides whether to grant access.
You should be aware that when you have requested access to your jounal at a hospital, this should be understood as a request for access to the medical record.
If you want access to the nursing records, you must specifically request this.
If you have requested access to your medical records, your request must be answered within 10 days of your request. This does not mean that you are entitled to access within 10 days, but that you must be notified within 10 days of when you can expect to receive access.
For records in the medical record prior to January 1, 2010, the right of access may be restricted if it is necessary for your or other people's vital interests. A refusal must be given in writing and the refusal must be justified.
An appeal against a refusal of access can be sent to the Danish Patient Safety Authority.
As a patient, you can authorize another person to obtain medical records.
If you are over 15 years old, you have the right to access your medical records yourself, unless your doctor deems you are not mature enough to do so.
If you are under the age of 15, the person(s) with parental authority has the right to access your medical records on your behalf if it is necessary to protect your interests.
As a general rule, the person(s) with parental authority may access your medical records when you are under the age of 18. Access can be restricted for the custodial parent(s) if there are crucial considerations for you or others. Examples include cases where the medical record contains information about the use of contraception, abortion procedures or treatment of STDs without the parents' knowledge.
The non-custodial parent has the right to be informed about the child's conditions by the health care system, private hospitals and private practitioners.
An authority is only obliged to disclose information about the child if there is a specific request for information from a parent who does not share custody. Thus, there is no obligation to provide information on an ongoing basis, and a request for general information does not have to be met.
Information may be refused if it is likely to be detrimental to the child.
Confidential information about the custodial parent(s) must not be given, even in cases where it seems natural in connection with the information about the child's circumstances.
Duty of confidentiality
Healthcare professionals are bound by professional secrecy. Information about your health and other personal matters is confidential and is therefore covered by professional secrecy.
The duty of confidentiality also applies to next of kin. This means that as a close relative, you are only entitled to receive information about your spouse, for example, if your spouse has given consent.
You decide who can receive information about your health, and you have the right to object to the disclosure of information about you to other persons, relatives or authorities.
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